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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Regarding Illinois, Iowa and Florida wills, trusts and

Customer Question

Regarding Illinois, Iowa and Florida wills, trusts and death. Long explanation to get to the questions.
My father died in 2003 in Illinois, his estate transferred to my mother. Her will was updated and changed into a revocable trust, naming me as financial and medical POA and Executor of said will. I was the only child of the 3 of us that lived in the area and her only natural child. All taking place in Illinois.
Sometime during 2010 it was determined my mother could no longer live alone and I moved in with her. I stayed with my mother for a little over 2 years. During these 2 years, my mother financially assisted me so I could remain with her.
However as a result of this assistance my sister began to accuse me of stealing, defrauding my mother and mental & physical abuse of my mother. Of course this is not true but became a matter of she said/she said.
Also during the time mother was in my care, she was diagnosed with relatively advanced sub-cortical dementia. Still ‘in-the-moment’ but not clear on issues, events and people.
Around the 2.5 year point this sister took over the care of my mother as I could no longer afford to remain her caregiver. Shortly after, this sister moved her to Iowa (this sisters home at the time) and convinced my mother to change the will and powers of attny to her charge. This was done without my immediate knowledge and never confirmed when I asked if POA and the will had been changed. My sister only admitted to these changes after mother died.
In October of 2015, mother was diagnosed with advanced breast cancer that had metastasized to her lungs. My sister did not inform me just how bad my mother’s health was until that October and I was unable to find assisted care for her with such short notice closer to me. Due to my sister’s husband being laid off, they were forced to move to Florida in early November of 2015, where they had lived prior and still had a house. My very ill mother went with them.
Mother died December 17, 2015 in Maitland, Orange County, FL. My sister arranged the shipping of mothers remains back to Illinois to be buried next to my father.
Now to the point:
My sister claims she has not filed the will as of today. Isn’t there not a time limit on the filing of the will?
Where does the will need to be filed? Illinois, Iowa or Florida (does it matter)?
How can I find out if the will may have been filed and when?
Validity, the revised will was made after the dementia diagnosis and I truly question the undue influence pressured upon my mother in her altered mental capacity. My sister will not allow me to see this revised will and I question the fair division of my mother’s estate. I do not trust my sister as past ‘events’ have taught me not to.
What can you suggest?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a Florida and Illinois licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Do I understand correctly that your mother was a resident of Florida at the time of her death?